§ 132 Deputy Secretary of Defense · 115-8

§ 132.

Deputy Secretary of Defense

(a)

There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience. A person may not be appointed as Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b)

The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office.

(c)

The Deputy Secretary serves as the Chief Management Officer of the Department of Defense.

(d)

The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.

(e)

Until

September 30, 2020

, the Deputy Secretary of Defense shall lead the Guam Oversight Council and shall be the Department of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following executive orders:

(1)

Executive Order No. 13299 of

May 12, 2003

(68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs).

(2)

Executive Order No. 12788 of

January 15, 1992

, as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).

Source

(Added Pub. L. 87–651, title II, § 202,

Sept. 7, 1962

, 76 Stat. 518, § 134; amended Pub. L. 92–596, § 4(1),

Oct. 27, 1972

, 86 Stat. 1318; Pub. L. 95–140, § 1(a),

Oct. 21, 1977

, 91 Stat. 1172; renumbered § 132 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(7),

Oct. 1, 1986

, 100 Stat. 995, 1003; Pub. L. 110–181, div. A, title IX, §§ 903(b), 904(a)(1),

Jan. 28, 2008

, 122 Stat. 273; Pub. L. 111–84, div. B, title XXVIII, § 2831(a),

Oct. 28, 2009

, 123 Stat. 2669; Pub. L. 111–383, div. A, title IX, § 901(c)(2), (m)(2), title X, § 1075(b)(4), div. B, title XXVIII, § 2821,

Jan. 7, 2011

, 124 Stat. 4321, 4326, 4369, 4465; Pub. L. 112–81, div. A, title IX, § 902,

Dec. 31, 2011

, 125 Stat. 1532; Pub. L. 113–291, div. A, title IX, § 901(k)(2),

Dec. 19, 2014

, 128 Stat. 3468; Pub. L. 114–328, div. A, title IX, § 901(c)(4),

Dec. 23, 2016

, 130 Stat. 2341.)

Notes

Amendment of Subsections (c) to (e)

Pub. L. 114–328, div. A, title IX, § 901(c)(4),

Dec. 23, 2016

, 130 Stat. 2341, provided that, effective on

Feb. 1, 2018

, this section is amended as follows:

(A) by striking subsection (c); and

(B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

See 2016 Amendment note below.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
134(a) 134(b)	5:171c(a) (1st sentence). 5:171c(a) (less 1st sentence and last 15 words of 2d sentence).	July 26, 1947, ch. 343, § 203(a); added Aug. 10, 1949, ch. 412, § 6(a) (1st par.), 63 Stat. 581.
134(c)	5:171c(a) (last 15 words of 2d sentence).

In subsection (a), the last sentence is substituted for 5 U.S.C. 171c(a) (proviso).

References in Text

Executive Order No. 13299, referred to in subsec. (e)(1), was superseded by Ex. Ord. No. 13537,

Apr. 14, 2010

, 75 F.R. 20237, set out as a note preceding section 1451 of Title 48, Territories and Insular Possessions.

Executive Order No. 12788, referred to in subsec. (e)(2), is set out as a note under section 2391 of this title.

Prior Provisions

A prior section 132 was renumbered section 112 of this title.

Amendments

2016—Subsec. (c) to (e). Pub. L. 114–328 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c), which read as follows: “The Deputy Secretary serves as the Chief Management Officer of the Department of Defense.”.

2014—Subsec. (b). Pub. L. 113–291 substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is disabled or there is no Secretary of Defense”.

2011—Subsec. (a). Pub. L. 112–81 inserted “The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience.” after first sentence.

Subsec. (c). Pub. L. 111–383, § 901(c)(2), struck out at end “The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.”

Subsec. (d). Pub. L. 111–383, § 1075(b)(4)(A), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), could not be executed because of the prior amendment by Pub. L. 111–383, § 901(m)(2). See below.

Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).

Subsec. (e). Pub. L. 111–383, § 2821, which directed substitution of “

September 30, 2020

” for “

September 30, 2015

” in subsec. (d), as added by section 2831(a) of Pub. L. 111–84, was executed in subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.

Pub. L. 111–383, § 1075(b)(4), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), and substitution of “Guam Oversight Council” for “Guam Executive Council”, was executed by making the substitution in subsec. (e) because of the prior redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.

Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).

2009—Subsec. (d). Pub. L. 111–84 added subsec. (d) relating to the Deputy Secretary of Defense leading the Guam Executive Council.

2008—Subsec. (a). Pub. L. 110–181, § 903(b), substituted “seven” for “ten”.

Subsecs. (c), (d). Pub. L. 110–181, § 904(a)(1), added subsec. (c) and redesignated former subsec. (c) as (d).

1986—Pub. L. 99–433 renumbered section 134 of this title as this section and struck out “: appointment; powers and duties; precedence” at end of section catchline.

1977—Pub. L. 95–140, § 1(a)(4), substituted “Deputy Secretary” for “Deputy Secretaries” in section catchline.

Subsec. (a). Pub. L. 95–140, § 1(a)(1), substituted “There is a Deputy Secretary” for “There are two Deputy Secretaries” and struck out “a” before “Deputy Secretary”.

Subsec. (b). Pub. L. 95–140, § 1(a)(2), substituted “Deputy Secretary” for “Deputy Secretaries” and “Deputy Secretary” for “Deputy Secretaries, in the order of precedence, designated by the President”.

Subsec. (c). Pub. L. 95–140, § 1(a)(3), substituted “The Deputy Secretary takes” for “The Deputy Secretaries take”.

1972—Pub. L. 92–596 substituted “Deputy Secretaries” for “Deputy Secretary” in section catchline.

Subsec. (a). Pub. L. 92–596 substituted “There are two Deputy Secretaries of Defense” for “There is a Deputy Secretary of Defense”.

Subsec. (b). Pub. L. 92–596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary.

Subsec. (c). Pub. L. 92–596 substituted “The Deputy Secretaries take” for “The Deputy Secretary takes”.

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, § 901(c)(4),

Dec. 23, 2016

, 130 Stat. 2341, provided that the amendment made by section 901(c)(4) is effective on

Feb. 1, 2018

Effective Date of 2011 Amendment

Amendment by section 901(c)(2), (m)(2) of Pub. L. 111–383 effective

Jan. 1, 2011

, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.

Order of Succession

For order of succession during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary, see Ex. Ord. No. 13533,

Mar. 1, 2010

, 75 F.R. 10163, listed in a table under section 3345 of Title 5, Government Organization and Employees.

Assignment of Duties

Pub. L. 110–181, div. A, title IX, § 904(a)(2),

Jan. 28, 2008

, 122 Stat. 273, as amended by Pub. L. 113–291, div. A, title IX, § 901(n)(1),

Dec. 19, 2014

, 128 Stat. 3469, provided that:

“(A)

The Secretary of Defense shall assign duties and authorities relating to the management of the business operations of the Department of Defense.

“(B)

The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary for that official to effectively and efficiently organize the business operations of the Department of Defense.

“(C)

The Secretary shall assign such duties and authorities to the Deputy Chief Management Officer as are necessary for that official to assist the Chief Management Officer to effectively and efficiently organize the business operations of the Department of Defense.

“(D)

The Deputy Chief Management Officer shall perform the duties and have the authorities assigned by the Secretary under subparagraph (C) and perform such duties and have such authorities as are delegated by the Chief Management Officer.”

[Pub. L. 113–291, div. A, title IX, § 901(n)(1),
Dec. 19, 2014
, 128 Stat. 3469, provided that, effective after
Feb. 1, 2017
, any reference to the Deputy Chief Management Officer of the Department of Defense shall be deemed to refer to the Under Secretary of Defense for Business Management and Information. See section 901(n)(1) of Pub. L. 113–291, set out as a References note under section 131 of this title.]

Assignment of Management Duties and Designation of the Chief Management Officers of the Military Departments

Pub. L. 110–181, div. A, title IX, § 904(b),

Jan. 28, 2008

, 122 Stat. 274, as amended by Pub. L. 113–291, div. A, title IX, § 901(n)(1),

Dec. 19, 2014

, 128 Stat. 3469, provided that:

“(1)

The Secretary of a military department shall assign duties and authorities relating to the management of the business operations of such military department.

“(2)

The Secretary of a military department, in assigning duties and authorities under paragraph (1) shall designate the Under Secretary of such military department to have the primary management responsibility for business operations, to be known in the performance of such duties as the Chief Management Officer.

“(3)

“(4)

The Chief Management Officer of each military department shall promptly provide such information relating to the business operations of such department to the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense as is necessary to assist those officials in the performance of their duties.”

§ 132. Deputy Secretary of Defense

Deputy Secretary of Defense

Amendment of Subsections (c) to (e)

References in Text

Prior Provisions

Amendments

Effective Date of 2016 Amendment

Effective Date of 2011 Amendment

Order of Succession

Assignment of Duties

Assignment of Management Duties and Designation of the Chief Management Officers of the Military Departments